Mandatory Sentencing Muldrock
The High Court recently had cause to consider an appeal concerning an excessive sentence in the decision of Muldrock v R.
It would appear that the New South Wales Court of Appeal was wrong when interpreting mandatory sentencing legislation in a decision of R v Way decided about 7 years ago.
You can read the case here; http://www.austlii.edu.au/au/cases/cth/HCA/2011/39.html
" As nightfall does not come all at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air — however slight — lest we become unwitting victims of the darkness. " William Orville Douglas Associate Justice Supreme Court of the USA
Posting Permissions
Reply With Quote